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Juxtaposing human rights and human trafficking in South Africa

15 March 2021 | Story Prof Beatri Kruger | Photo Anja Aucamp

Prof Kruger web read more — Prof Beatri Kruger is a research fellow in the Free State Centre for Human Right at the UFS.

John Miller from the United States Office to Monitor Trafficking in Persons calls human trafficking: "The greatest human rights challenge of our generation."

But is this really the current position in South Africa? Let us do a reality check. New evidence-based insights were gained from convictions in several adult, as well as 25 child trafficking cases.

In 2011, Roelofs penned a picture of (sex) trafficking:

"It is a product of an increasing sex obsessed world with billions of dollars being earned from pornographic magazines, television channels and prostitution all because of slumping morality. It is obviously a very lucrative business. Whereas drugs and other narcotic substances can be used only once; a girl used as a sex slave can be sold over and over. This is the tragedy of this cruel exploitation of the vulnerable in our societies."

Exploitation of the vulnerable for financial gain

In 2019, in S v Ediozi Obi (case no CC40/2018), judge Natvarlal Ranchod referred to the above quote and concluded: “This is tragically illustrated in this matter before me …” In this case, several victims were vulnerable young children. They were trafficked, groomed, and repeatedly raped. “They were prostituted for accused 1's financial benefit. It is a sad indictment of certain members of the police force who were expected to bring perpetrators to book but instead, exploited the situation to their own advantage by taking bribes and themselves taking advantage of the young victims. This is some of the evidence that came out in this trial.”

In 2017 in S v Adina Dos Santos, the trafficker was sentenced to life imprisonment, which was confirmed on appeal. The evidence was that the trafficker promised minor Mozambican girls work in her hair salon in South Africa and an opportunity to study while working there. The girls, who were looking for a better life, were eventually threatened and forced to use narcotic drugs and then have sexual intercourse with several men daily. Recently, two female traffickers were sentenced to 19 life sentences in S v Seleso for sexually exploiting a minor girl online by advertising her sexual services to clients on a website.

A multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. – Prof Beatri Kruger

The trafficking convictions further confirmed that, apart from sex trafficking, victims are also trafficked for other purposes in South Africa. Children as young as eight were trafficked from Mozambique and Nigeria to be exploited for labour purposes. The cases further confirmed that traffickers use an aberrant form of the ukuthwala custom as a guise to traffic minor girls into forced marriages. Furthermore, children were kidnapped and sold. A young mother even advertised her baby on Gumtree for R5 000.

Multitude of human rights are violated in human trafficking

This is a snapshot from our case law. Despite the culture of human rights enshrined in our constitution, it is clear that a multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. Judge Ranchod rightly declared in S v Obi that human trafficking violates basic human rights and is the cause of immeasurable trauma for victims, their families, and the communities in which they live. Protecting trafficked persons and their human rights is crucial – we have a great task ahead.

News Archive

UFS to implement a policy on HIV and Aids

2005-03-14

The Council of the University of the Free State (UFS) approved the implementation of a policy on HIV and AIDS.

“With this policy we recognise the seriousness of the HIV and AIDS epidemic and the potential impact this disease can have on both the UFS and the wider society. We are committed to addressing HIV and AIDS in a positive, supportive and non-discriminatory approach by providing resources and leadership to implement HIV and AIDS university-based, as well as community outreach programmes,” said Dr Ezekiel Moraka, Vice-Rector: Student Services at the UFS.

The objectives of the policy include:

The protection of individual rights of confidentiality and freedom from discrimination.
The promotion of a sustained educational programme that provides counseling and current accurate information to the University community and to the outside community.
The promotion of behaviors that reduce or minimise the risk of acquiring HIV infection and generally create a safe environment.
The provision of leadership in teaching, research and community service on HIV and AIDS and its impact.
The provision of leadership in promoting the human rights based approach to HIV and AIDS, and thereby also breaking down the stigma attached to the illness.

“The policy also makes provision for the establishment of a Centre for HIV and AIDS within Kovsie Health. This centre will render HIV and AIDS related support services and initiatives to the whole campus,” said Dr Moraka.

According to Dr Petro Basson, head of the Centre for HIV and AIDS at the UFS, there is less than 1% incidence of HIV positive cases amongst undergraduate students on the main and Vista campuses. All these students take part in a voluntary confidential counseling and testing programme (VCCT). In the case of postgraduate students, there is about 1% incidence on both campuses.

“The Centre for HIV and AIDS has led in the development of information campaigns and workshops for students and staff to make them aware of the risks of HIV and AIDS and the necessary measures to ensure their safety. We have found that, because students have access to the right information, they are more cautious when it comes to HIV and AIDS. Awareness campaigns are also conducted throughout the year – especially during rag and intervarsity,” said Dr Basson.

“Some departments have also taken the lead in introducing aspects of HIV and AIDS into academic programmes while important research on the HIV and AIDS topic has already been completed and receives continuous attention,” said Dr Basson.

To achieve a coordinated approach, a Life Skills Forum will be established consisting of representatives of among others the Student Representative Council (SRC), academic departments, trade unions, Kovsie Counseling and Development, etc.

“With this policy the UFS pledges its commitment to participate actively in the fight against the disease,” said Dr Moraka.

Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
14 March 2005

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